Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My son’s mother has been incarcerated since December 2022. I want to file for custody but I don’t know where to start.

My child’s mother was arrested on some very serious charges even put my child’s life in danger.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

I would advise where you start depends on what your relationship has been. As the father you should have a priority right to possession. But if you have not has a relationship or supported your child that can create some grey area. If you have had regular contact with your child, you should file... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do i know if a response was filed for a SAPCR? If no response is made what do I do next?

The default date is tomorrow and I have not received any response from the other party.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

After the deadline has passed confirm with the clerk that no answer has been filed and then ask to set it for a hearing.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can the custodial parent not let the kids call/text the non custodial parent? If not what can be done?

My husband ex wife doesn’t let the kids call their dad and when their under the grandparents care it’s the same they don’t call him and if they Do someone (mom or grandparents) are sitting in front of them making sure they don’t say anything they’re not supposed to.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023

What can be done depends on what the order states. An enforcement or a modification could be filed with the court of the last order.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Texas on
Q: How can I protect myself when my spouse is arrested for having stolen goods and drugs in our house?

I’ve known about small things here and there, but I recently realized that she has stolen thousands of dollars of stuff from work. Some of those items are drugs that she doesn’t have a prescription for, including some controlled substances. I have wanted to report her, but her and her family... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

You should consult with an attorney more specifically about the situation in the area where you live.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can the counter party in a child custody case request that I cannot use money from my parents to help pay for a lawyer?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

In a child custody case, the counterparty can request various things as part of the legal proceedings, including financial matters related to legal representation. They may raise concerns or objections about the source of your legal funds, such as money from your parents. However, whether their... View More

View More Answers

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do you have to have custody agreement if you are currently only separated?

My husband is having an affair, we are separated. We have a 19th month old daughter and son on the way. I am trying to see what we need to for custody until we can officially get divorced or figure things out

Kristina L. Combs
Kristina L. Combs
answered on Sep 5, 2023

Texas does not recognize what other states refer to as legal separation. It’s important to file for a divorce to get temporary orders regarding custody and assets/debt while you are separated pending a divorce. If things work out then you can always nonsuit the divorce. However, without court... View More

View More Answers

2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: is there some law or right thats says this is wrong

im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 31, 2023

Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth... View More

1 Answer | Asked in Child Custody, Civil Litigation and Divorce for Texas on
Q: Aside from law enforcement, what is required by the individual who is physically serving divorce paperwork?

I asked to pick up the divorce pw from the server but instead was served at work almost a week later. She asked my first name and said "you've been served." I then was served at my house by a deputy the next week. Her paperwork was an incomplete petition for divorce without the court... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Private process servers must complete an approved 7-hour course, submit an application, pay a fee, and pass a criminal background check.

4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Need help understanding a court order.

IT IS ORDERED that the conservators shall have possession of the child at times

mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

Mutual Agreement Takes Precedence: The court order begins by stating that if both conservators can agree on when each of them will have possession of the child, then that mutual agreement will take precedence. This means they can decide on any schedule that suits them both, regardless of what the... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late

the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

Given the gravity of your situation, it's essential to first emphasize a critical point: If the children and the temporary guardianship proceedings are in Texas, you should immediately consult with and retain a family law attorney in Texas. If the proceedings or the children are in a different... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My niece's dad has full custody of her. He hardly lets my side of the family see her. Legally, can he do that?

My niece is currently living with her dad. He has full custody of her. Her mother (my sister) is currently serving time in prison. For the last few months (since January 2023), he has made an effort to not let me see my niece. it has been months since she has seen my side of the family. Though my... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 25, 2023

Legally he controls who sees his daughter. If anyone on the mother's side of the family wants visitation, they can take the father to court. But other than that no, he doesn't have to allow anyone to see his child if he doesn't want too, without a court order, forcing him to do so.

3 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Adopting my cousin, questions on what to do.

Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

Before anything could be filed in Texas the child would have to be her for a minimum of 6 months. If everyone is in agreement, I would suggest start with getting a power of attorney for parental rights to get her to Texas. With the POA you could take care of getting her in school and medical, but... View More

View More Answers

2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

I would suggest putting your request or questions into writing and sending either e-mail or certified mail.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If I don't have a court order can I move to another county with my grandchild

I filed a petition last yr for custody mom didn't show up oag intervened and I have filed a tro awaiting court on the 1st but no court orders are set

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

That may depend on what County the case is filed in. Most counties in Texas have standing orders that apply to all family law cases and those standing orders may prevent you leaving the county with the child the subject of the suit.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need legal representation asap and I need pro bono or cheap payment plan for child custody I've tried legal aid

Please if someone can help me I don't make but 994 a month and I raise my grandchild I need help I have court on the 1 St for tro and the 26 for custody please help

Elisa  Reiter
Elisa Reiter
answered on Aug 22, 2023

Howdy. Try https://texaslawhelp.org/directory/texaslawhelporg. Most law schools in Texas have pro bono clinics - try contacting the Houston law schools for assistance. https://www.law.uh.edu/probono/ Good luck to you.

3 Answers | Asked in Child Custody and Family Law for Texas on
Q: How do I contest a motion to confer with child?

I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.

Elisa  Reiter
Elisa Reiter
answered on Aug 22, 2023

A motion to confer with child is a request to the court to interview the child in chambers to determine the child’s wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. This motion can be filed by a party, the amicus attorney, or the attorney ad... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What should my first steps be in this situation? Note: other parent refuses to communicate

My ex-husband and father of my 14 year old and I share joint managing conservatorship of our daughter with me being the primary parent. She lives with me and he has visitation whenever we agree or per our standard possession order. In the last year there have been a couple incidents that have... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Frankly, some judges remain sticklers about not condoning marijuana use. Others don't care. Here is a link to pertinent law on prosecution for possession. https://texas.public.law/statutes/tex._health_and_safety_code_section_481.121

You can try to file a motion to modify, with a...
View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I have legal custody of my son who is 17 years old and he recently got his girlfriend pregnant. what shall I do?

father is paying child support and now wants to stop child support payments. My son want to move in with his girlfriend and parents. What legal rights do I and my son have, I want him to continue living with me until he finishes High School. Please I need legal help. Is their some type of... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2023

If Father is court ordered to pay child support, he continues to pay child support until your son reaches age 18 or graduates (or is no longer attending) high school, whichever occurs later.

With your son being 17 years old, there is not a real need to get in family court to get counseling....
View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Civil Rights for Texas on
Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?

My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Your domestic partner is presumably represented by counsel, as is the child's mother.

You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case.

You should count on a "woodshedding" session with your...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.